AIBU to ask for more than 50/50 split in divorce?

[ThisHazelCritic]

My husband left Sunday evening, things had been rocky for a few years and I couldn't tell him I loved him when asked so he packed some bags and left. I'm 38, he's 48. We've been married 12 years and have no kids.

He earns significantly more than me, 6 figures, about 4 times what I do. House is in both our names and we paid into a joint account so mortgage payments were split. I have around £20k inheritance in a joint savings pot which he transferred half to his own private account the night he left, despite saying if we ever split I'd keep this if I didn't touch his pension which is quite significant. He's also now saying he'll only contact me through a solicitor. We should make around £100k in the house sale. I was happy to split this down the middle, but now he's taken half of the inheritance, I'm wondering if I should push for more? Am I likely to get more considering this was in a joint savings and would still leave me around £60k post divorce....

You're best getting proper legal advice. 50/50 split of all assets, including pensions, is usual.

Get a solicitor

I see it as no kids. So split the house
he’s takes half of your inheritance so go for half his pension

When did you recieve this inheritance? The fact it was put in a joint account would indicate an acceptance that it was considered as a marriage asset. That would be his defense.

Ultimately, you are able to claim for 50% of his pension regardless of what was said.

You have more years left to earn than he does. 50/50 is fair. You expecting extra for no reason is greedy of you .

Make sure you document everything from here on in and contact a solicitor ASAP. He sounds like he's going to try to take as much as he can.

The house is 50/50 fair game. He has already taken his 50% of the savings pot (but document this to show your solicitor).

Married 12 years you should 100% go after your claim to his pension pot. Why wouldn't you? It'll be ALOT more than the £10k he thinks he's taken.

50/50 with the extra £10k he took is fair as you have no children and you have a extra ten years to save for your pension.

This ^^

I can't see you getting more OP and 'pushing' for it will only rack up the legal bills.

I’d ask him for the 10k back or tell him you will recoup by going after his pension as he has reneged on the deal. Inheritance is generally ring fenced in a marriage

I’d say 50/50 all the way as you have no kids but do go for half his pension. That’s totally fair

Agree with this. Fifty fifty. You will be the winner here.

no need for moré

50/50 but that means everything including his pension.

I doubt you’d get more than 50-50 with no kids to house, but you are entitled to 50% of his pension, which will be significantly more than 10k. So he has shot himself in the foot.

50/50, but I’d want my 10k inheritance back too.

Thanks everyone for the advice.

I don't want to be greedy and slightly offended from those who think I am being.

His pension is definitely worth more than the £10k he has taken. I wanted to keep the inheritance so I had about £70k to put down on my own place as I need a hefty deposit due to my lower salary (under £40k) and every little helps for me. Now he has taken it I feel I have no choice but to try and claim some of his pension which I wouldn't have touched otherwise. He earns upwards of £150k.

With no children a 50/50 split is fair and reasonable. Cases where one spouse gets more than the other are almost always because that spouse is the main carer of children. The idea of “spousal maintenance” for the one that earns less isn’t really a thing anymore, judges very rarely award it - especially if both parties work or are able to take up work.

As pp say 50/50 as you have no kids is fair. The inheritance split he could argue is fair but go after half his pension. As pp say you have more years to earn.

Get legal advice. And make sure that legal advice advises you to go for the pension.

Definitely go for his pension but be aware 50\50 is likely to be the starting and ending point after 12 years and no kids.

@ThisHazelCritichow would you feel if he was after your pension?

I’d ask for 50:50 but wouldn’t be surprised if you don’t get it.

Really you’d need to prove that your earnings and pension had taken a hit by you supporting his career to detriment of your own. Unless you can prove that you have moved in relation to his job or similar, without kids I think the disparity in your incomes is hard to prove to be his fault.

Well definitely claim for some of his pension.

I used to work for a divorce/matrimonial solicitors and it’s vital you get a good one. Fairly straightforward case though.

Ummm don’t forget that you’re also entitled to half of ‘his’ savings. All is fair game, doesn’t matter that it isn’t in a joint account!

You’re not entitled to 50%

you’re entitled to a fair share which as you’re young and no children to argue you’ve been disadvantaged by marriage could result in you not achieving it. Why on earth would you feel entitled to his pension when as a working adult you provide for your own.

Not in England and especially not if its put into a joint account

Aren't you making a lot though? And you dont love him! I dont blame him for wanting to leave tbh I think 50/50 is more than fair.